For the purposes of this chapter, use permits are “in rem” in nature. In no case shall the issuance of a new use permit shall be required, provided that the authorized, permitted or legal non-conforming use continues to be the same and is not interrupted for more than two (2) years. Housing use permits shall not have an expiration date. As to non-residential uses, in the event there is a change in the name, owner or successor, the Management Office shall transfer, not later than the third work day after the corresponding application to transfer the use permit is submitted, to the new owner or successor, provided that the authorized use for the property or establishment continues to be the same and the sanitary license and fire prevention inspection certificate are in effect. The Management Office shall notify the agencies and/or municipalities concerned on the transfer of the authorizations described above for them to take any actions that may proceed. The authorizations that are transferred pursuant to this section shall have the same term and date of effectiveness as the original, whenever applies.
No agency, municipality or instrumentality of the Government of Puerto Rico may establish requirements or deny services in contravention with the provisions of this section and this chapter. Any building used for non-residential purposes shall place conspicuously the use permit, which shall be printed an authorized professional, the autonomous municipality with I to V granted hierarchy or the Management Office in the specific format established through regulations by the Management Office. The Management Office shall issue temporary use permits to conduct a short-term activity, which shall be established through regulations. The effectiveness of the temporary use permit may not exceed a non-extendable period of six (6) months and the granting thereof shall not constitute the approval of a use variance. The “provisional permit” concept is neither allowed nor contemplated in this chapter, and is contrary to the planning concepts and purposes, for which reason no provisional permits shall be issued. The issuance of a provisional permit shall entail the imposition of a fine, as provided in § 9027 of this title.
History —Dec. 1, 2009, No. 161, § 9.6.